This case involves an appeal made by the defendant who was charged with attempted assault in the first degree under Penal Law Sections 110.00 and 120.10. The case originally stemmed from a fight, which happened at the Anna M. Kross Center at Rikers Island Jail. Two versions were…
One of the officers relayed that he saw the defendant throw over the table on another inmate, and also that both officers saw the defendant fight with this inmate-victim. According to one of the officers, the defendant allegedly pulled out a metallic object from his left shirt sleeve and attacked the said inmate victim with punches and jabs to his body causing blood on the victim’s shirt. Finally, it was testified by one of the correction officers who followed the defendant walking over the shower area, that the defendant was seen placing an object down in one of the drains before he returned to the day room. After the prisoners involved were removed from their cells, a nine-inch shank with a point and a sharpened edge was said to have been retrieved from the drain. The inmate victim who was taken to the prison clinic for treatment was found to have puncture wounds, multiple stab wounds and lacerations.
The defendant however, rebutted the said version by using the testimony made by the inmate victim stating that the defendant was a friend and was not among the assailants. The prosecution however cast doubt on the inmate-victim’s credibility through their cross-examination and found variance as to the inmate-victim’s reaction. The very first reaction of the said victim against the defendant was to accuse him, which when after the attack, suddenly signed a handwritten statement stating that he didn’t know what happened and didn’t know who did the said assault. Prosecutors then concluded that the victim may have been intimidated by the defendant.
The jury then convicted the defendant with attempted assault in the first degree without however considering the other crimes charged. The defendant motioned to set aside the verdict but was unsuccessful and was thereafter sentenced to a term of 16 years life imprisonment. The defendant ...
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(New York State Court Decision Cases Essay Example | Topics and Well Written Essays - 1500 Words)
“New York State Court Decision Cases Essay Example | Topics and Well Written Essays - 1500 Words”, n.d. https://studentshare.net/miscellaneous/383897-new-york-state-court-decision-cases.
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